Types of Accidents That Might Be a Property Owner's Fault

Posted By The Stewart Law Firm, PLLC || 24-May-2017

When an accident occurs on someone else’s property, resulting in
injuries, the property owner might be at fault, resulting in a premises
liability claim. Premises liability cases fall under the umbrella of personal
injury and, like most personal injury lawsuits, often involves negligence.
Just because you were injured on someone else’s property, does not
necessarily mean the owner is at fault, however. Certain elements must
be proven in order for the owner to be held liable for injuries sustained.

Types of Premises Liability Cases

There is a wide range of premises liability cases, including:

Slip and fall accidents

Snow and ice accidents

Poor or inadequate maintenance of property

Dangerous defective conditions on property

Inadequate security

Elevator or escalator accidents

Dog bites

Swimming pool accidents

Amusement park accidents

Water leakage or flooding

Toxic chemicals

Fire

Duty of Care

In order for a property owner to be held liable for injuries sustained
by another in an accident on his or her property, a duty of care must
be proven. Not all visitors are owed a duty of care. For example, if a
trespasser who was not authorized to be on the property is harmed by dangerous
conditions, he or she would not be entitled to compensation since the
property owner does not owe a duty of care to trespassers. The exception
to this rule is if the trespasser was a child, in which case, a landowner
should exercise care to avoid a foreseeable risk of harm.

An invitee and licensee, however, are both owed a duty of care by the landowner.
An invitee is an individual who has the landowner’s express or implied
permission to be present on the property, and tends to be either friends,
relatives, or neighbors. A licensee is a person who goes to the property
for his or her own purposes with the express permission of the landowner,
but is owed a slightly lesser duty of care. The landowner only needs to
warn a licensee of dangerous conditions that might pose an unreasonable
risk of harm if he or she is aware of the condition and if the licensee
is not likely to detect it.

Common Examples of Premises Liability Cases

While there is certainly a wide range of cases that can be classified as
premises liability, some are more common than others. Slip and fall cases
are usually the most straightforward types of accidents. They typically involve:

Defective or poorly maintained staircases

Unsafe accumulation of ice or snow

Wet or oily floors

Hidden extension cords that present a tripping hazard

Unsecured rugs

Loose or broken floors, sidewalks, or stairs

Another common example of a premises liability case is inadequate building
security, which can lead to break-ins, assaults, or murder. If the property
owner was aware of previous break-ins in the area, but still maintained
lax security, he or she can be held liable for not providing enough security
to prevent this potentially foreseeable event.

Austin Premises Liability Attorney

In Texas, property owners have a duty to maintain a reasonably safe environment
for visitors. If they do not uphold this duty, and you sustain an injury
while on the property, you can and should hold them accountable for this
failure. At The Stewart Law Firm, PLLC, our personal injury attorney in
Austin is a seasoned litigator with decades of experience. We operate
on a contingency fee basis, which means that if we cannot win your case,
you will not owe us any legal fees. Take action and fight for the compensation
you deserve.